Democrats press Trump to drop DHS rule restricting green cards over public aid use

WASHINGTON, DC: More than 125 Democratic lawmakers are urging the Trump administration to withdraw a proposed Department of Homeland Security rule that could allow green card applicants to be denied based on the use of public assistance programs.

The proposal would rescind a Biden-era policy that narrowly defined when an immigrant could be considered a "public charge."

Democrats argue that the change would create confusion, deter eligible families from seeking benefits, and lead to inconsistent decision-making. The public comment period for the rule remains open until January 20 next year.

Lawmakers warn of uncertainty and adverse effects 

In formal comments submitted to the DHS and obtained by 'The Hill', 127 Democrats said that the proposed rule "creates immediate and widespread uncertainty" by eliminating clear definitions of what constitutes a public charge.

Under the Biden administration's 2022 rule, green card applicants could be denied only if they were deemed "primarily dependent" on government assistance, such as long-term cash aid or nursing home care. 

Critics claim that the Trump administration's move to strike down that framework without offering a replacement leaves immigration officers with little guidance. Lawmakers warned that this could lead to arbitrary decisions and inconsistent enforcement across cases. 

“Removing these definitions invites arbitrary decision-making and creates significant risk that adjudicators will rely on factors that Congress has not authorized,” the Democrats wrote.

They also cautioned that immigrants could be penalized retroactively for benefits they accessed when federal guidance explicitly stated there would be no immigration consequences. 

Rep Adriano Espaillat (D-NY), chair of the Congressional Hispanic Caucus, said that the proposal could discourage families from seeking essential services.

“This proposal punishes families for caring for their children," Espaillat said. "It would scare parents away from health care, food assistance, and early education that US citizen children are legally entitled to, putting kids at risk and destabilizing entire communities." 

Comparison to past policy and administration response 

The debate echoes controversy surrounding the Trump administration's 2019 public charge rule, which expanded the list of public programs immigration officers could consider when evaluating green card applications.

That policy was later rescinded by the Biden administration, which argued that it had caused eligible families to avoid medical care and nutrition assistance out of fear. 

Roughly one in five Americans are enrolled in Medicaid, and about one in eight receives food assistance.

Lawmakers emphasized that these programs are generally available only to individuals lawfully present in the United States and that Medicaid coverage for migrants depends on state participation. 

The lawmakers urged DHS to withdraw the proposal before it is finalized, warning that shifting standards could disproportionately affect refugees and other groups historically exempt from punitive public charge treatment.

They argue that the rule, if implemented, would have lasting consequences for families and communities nationwide.